PRC Denies Post Office's Motion to Delay Exigency Reports

The Postal Regulatory Commission (PRC) today denied a motion by the Postal Service to stay reports due from the agency last week on incremental revenue gained from the exigent rate increase, as well as a plan for the ultimate removal of the surcharge.

Unwilling to allow the USPS to wait out an appeal it filed in federal court to remove restraints on exigency, the PRC has demanded that the Postal Service file the revenue report by May 15 and the phase-out report by June 2.

In its decision approving the exigent increase in December, PRC mandated that the Postal Service file the revenue report within 30 days after the end of each quarter. USPS argued that that was insufficient time to collect billing information. But in today's decision, PRC held the agency to a rule requiring that it provide revenue data no later than 40 days following the end of a quarter.

The PRC argued that the Postal Service did not exhibit what irreparable injury it would sustain if not granted the stay and that it did not establish that the D.C. Appeals Court is likely to overturn the contribution cap. Furthermore, said PRC, the Postal Service failed to show how not granting the stay would be injurious to the public at large.

The Postal Service filed its motion only a week before both reports were due, making its action “untimely,” according to PRC. “The Postal Service has long been on notice of these requirements,” read the Commission's decision. “Under the circumstances, requesting a stay at the 11th hour is problematic.”